Sian Green's Family 'Shocked' & 'Disappointed' By Decision

NEW YORK (CBSNewYork/AP) — The Manhattan district attorney’s office said it will not file criminal charges against a New York City taxi driver in a crash that left a British tourist without a leg.

Sian Green, 23, of Leicester, England was struck when the taxi jumped a curb at Sixth Ave near Radio City Music Hall on Aug. 20. She was rushed into surgery, but doctors couldn’t save her left foot.

Driver Mohammad Himon said he lost control after a cyclist slammed the hood of his cab. Himon served a 30-day suspension issued by the Taxi and Limousine Commission.

Charges also will not be brought against the cyclist.

Sian Green (Instagram)

Sian Green (Instagram)

A spokeswoman for the district attorney’s office said Thursday that prosecutors trained in vehicular crimes reviewed evidence and traffic laws, conducted interviews with witnesses, the driver and injured pedestrians and also reviewed surveillance video.

Green’s attorney, Daniel Marchese, said in a statement that the New York City Assistant District Attorney “indicated that failure to charge was due to lack of evidence regarding the taxi cab driver’s intent during the investigation phase.”

Marchese said the Green family is shocked and disappointed by the decision.

“I believe this incident was not an accident, but rather a negligent act of calculated recklessness to which my client was the victim,” Marchese said. “We will continue to aggressively pursue legal action to help remedy this tragic incident that changed Sian’s life.”

Fernando Mateo and the New York State Federation of Taxi Drivers said in a statement that they are pleased with the district attorney’s decision.

“We are very pleased that the District Attorney recognizes Mr. Himon’s innocence, and our thoughts and prayers remain with Ms. Green and her family as she continues to recover from her injuries,” the statement read.

Meanwhile, Green continues to work on recovering from her injuries back home in England.

“While she is incredibly dismayed by this decision, she does not let it affect her positive spirit, unbelievable strength and incredible poise, which she demonstrated to the world throughout this ordeal,” Marchese said.

You May Also Be Interested In These Stories:

[display-posts category=”news” wrapper=”ul” posts_per_page=”4″]

(TM and © Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)